Opinion
Motion No. 2021-06881 Index No. 522750/2018
03-29-2024
Marsha Higgins, appellant-respondent, v. Robert E. Miles, et al., defendants-respondents, Sonya T. Silvera, respondent-appellant.
Unpublished Opinion
MOTION DECISION
M295299 AFA/
MARK C. DILLON, J.P. VALERIE BRATHWAITE NELSON WILLIAM G. FORD LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated August 19, 2021. The appeal by Marsha Higgins was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the defendants-respondents to extend the time to serve and file a brief. By order to show cause dated December 14, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal and cross-appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court dated September 16, 2021, and the motion by the defendants-respondents to extend the time to serve and file a brief was held in abeyance in the interim. Separate motion by the defendants-respondents to dismiss the appeal by Sonya T. Silvera on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment. Motion by Sonya T. Silvera, inter alia, in effect, to deem the notice of appeal from the order to be a notice of appeal from the judgment.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by Sonya T. Silvera is granted to the extent that the cross-appeal by Sonya T. Silvera is deemed to be an appeal, the notice of appeal filed by Sonya T. Silvera from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]), and on or before April 29, 2024, Sonya T. Silvera shall serve and file a supplemental record containing the judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the motion by Sonya T. Silvera is otherwise denied; and it is further, ORDERED that the motion by the defendants-respondents to extend the time to serve and file a brief is granted, and on or before May 29, 2024, the defendants-respondents shall serve and file their brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the motions are otherwise denied.
DILLON, J.P., BRATHWAITE NELSON, FORD and VENTURA, JJ., concur.